Law Offices of Michael Y. Lo

Law Offices of Michael Y. Lo Bankruptcy & Debt Settlement, Civil Litigation Law Offices of Michael Y. Lo was established in 1981. We specialize in chapter 7, chapter 11, and chapter 13 bankruptcy, as well as debt negotiation and settlement.
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Whether you are an individual facing financial difficulty, or a business encountering insolvency problems, our firm has the experience and expertise to wipe out, discount, modify, reduce interest and payments, or reorganize your debt. For people unwilling or not qualified to file bankruptcy, we offer debt settlement services. We have been successful in negotiating and reducing credit card debt substantially. Attorney Lo has also represented clients in numerous successful civil litigation and misdemeanor criminal defense cases.

Operating as usual

01/25/2016

The DMCA or Digital Millennium Copyright Act gives copyright owners a valuable tool to fight copyright infringement material. Copyright owners can complete a web form, made available thru Google or other online service providers, requesting the service provider to remove or disable access to allegedly infringing material.

To shield an online service provider with a safe harbor from monetary liability, the service provider must comply with the requirement of the DMCA. If the data provided is comprehensive, accurate, with specificity of percentage of removal, service provider must act expeditiously.

Copyright owners have been using this law aggressively to remove, shut down or take control over websites that are allegedly in violation of copyright and trademark laws.

We have successfully represented copyright owners in their pursuant of justice. We have also represented defendants in responding and defending lawsuits which often times naming hundreds or thousands of defendants.

In a recent lawsuit, filed in a federal court in Illinois, arguably one of the easiest district courts to find trademark and copyright violations because it is one of the only courts to rely solely on the Initial Interest Doctrine, plaintiffs filed a lawsuit naming more than 3000+ websites as defendants, mostly located in China. Our firm represents one of the defendants and successfully negotiated a dismissal with prejudice.

Timeline Photos
01/05/2016

Timeline Photos

2015
12/08/2015

2015

2015

Law Offices of Michael Y. Lo's cover photo
12/08/2015

Law Offices of Michael Y. Lo's cover photo

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12/08/2015

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Law Offices of Michael Y. Lo
12/08/2015

Law Offices of Michael Y. Lo

02/20/2014

Mr. Lo interviewed on ABC Eyewitness news regarding our lawsuit against Southern California Edison for misconduct resulting in great harm to our client.

07/15/2013

HOW TO COMBAT FRIVILOUS ADA CLAIMS

The new SB 1186 Disabled Access Law effective 2013 is intended to expedite the process of reviewing Americans with Disabilities Act (ADA) claims and dismiss unsupported lawsuits with minimal time, effort, and expense.

Property owners who qualify can file an application for stay and early evaluation conference. The court will then grant a 90-day stay of the proceedings and order an early evaluation conference within 50-70 days, at which all parties must personally appear. Evidence is then presented by each side, and the judge will determine if their claims have merit. This process should weed out unmeritorious claims.

In order to qualify for these procedural protections, the property owner must fall within one of four categories:

1. The property has been inspected by a Certified Access Specialist (CASp) and an inspection report is issued, and there have been no modifications or alterations that would affect compliance with the ADA standards.

2. If the property has a new construction after 1/1/2008, it was approved pursuant to the local building permit and inspection process, and there have been no modifications or alterations that would affect compliance with the ADA standards. If there is a violation, they need to be corrected within 60 days of the lawsuit.

3. If the property has a new construction after 1/1/2008, it was approved by a local public building department inspector who is CASp certified, and there have been no modifications or alterations that would affect compliance with the ADA standards. If there is a violation, they need to be corrected within 60 days of the lawsuit.

4. The defendant is a small business (employs 25 or fewer employees and has gross receipts of less than $3,500,000) and all violations have been corrected within 30 days.

If the court finds the claims to have merit, and the business fixed the ADA violation within 60 days of the lawsuit, their statutory damages may be reduced from $4,000 (under the previous law) to $1,000 provided that the business has received a CASp inspection or the construction was completed after 1/1/2008. If a small business does not have a CASp inspection, but has fixed the violation within 30 days, statutory damages can be reduced from $4,000 to $2,000. To combat the problem of claiming multiple ADA violations at a given property, now plaintiff must prove that he/she acted reasonably when visiting location multiple times knowing of the barrier to their access.

The article is for informational purposes only and should not be construed as legal advice.

07/15/2013

ASIANA AIRLINE ACCIDENT: HOW IS JURISDICTION DETERMINED?

In the wake of the Asiana airplane crash in San Francisco, the question of where the lawsuit should be held naturally arises. This is important because where the lawsuit is held determines how much victims can potentially receive in damages. If the lawsuit is filed in China, for example the maximum compensation for such an accident would be $65,000 (400,000 Yuan), compared with a $1.5 million minimum in the U.S. To determine venue, we will touch on the Montreal Convention which is the governing treaty to which the U.S., China, and South Korea are a party to. Then, we will touch on the theory of forum nonconveniens which is an argument that Asiana may raise against holding the litigation here in the U.S.

The Montreal Convention allows a passenger to sue in a variety of countries as a result of air accidents: (1) the carrier's domicile, (2) the carrier's principal place of business, (3) where the ticket was purchased, (4) the flight's destination, and (5) the passenger's "principal and permanent residence," which is defined as "the one fixed permanent abode of the passenger at the time of the accident." Here, some facts that support litigation in the U.S. are: The South Korean Airline does business in the U.S., the accident occurred in San Francisco, the injured were treated in a U.S. hospital, and sixty four of the passengers are U.S. citizens. However, Asiana may argue some facts that suggest the lawsuit being held in China: The plane tickets were purchased in China, the final destination of the round trip was China, and 141 passengers are Chinese nationals.

Furthermore, Asiana may argue that the case can be more conveniently maintained in China under the theory of forum nonconveniens, which basically means China is a more convenient venue for the litigation. For this, a court must consider the private interests of the litigants and the public interests in determining the convenience of the forum. For private interests, the court looks at the availability of evidence and the location of witnesses among other practical problems that affect the cost of the litigation. For public interests, the court looks at administrative difficulties such as congested dockets, burden of jury duty on the people of a community having little or no connection with the litigation, the desirability of holding a trial near those most affected by it, and the familiarity of the court with the governing law.

Here, the facts suggest against the forum nonconveniens argument. Evidence and witnesses are located here, courts here have experience with the substantive law governing airline accidents, and families of victims may be located here and have a connection with the litigation. Moreover, there is ordinarily a strong presumption in favor of the plaintiff’s choice of forum, and dismissal on the basis of forum nonconveniens is normally used only in exceptional situations.

The article is for informational purposes only and should not be construed as legal advice.

Our Law Office Guard Dog
05/10/2013

Our Law Office Guard Dog

Case of Interest:The City of Detroit is close to filing bankruptcy.  Michigan's governer has appointed a bankruptcy expe...
03/15/2013
Michigan expected to announce takeover of Detroit finances

Case of Interest:

The City of Detroit is close to filing bankruptcy. Michigan's governer has appointed a bankruptcy expert, who recently restructured Michigan automaker, Chrysler, to manage the city's assets and finances. Although the City of Detroit opposes this takeover, Detroit mayor, Dave Bing, who is a retired NBA basketball hall of famer, has said he will work with the new manager. If successful, it would be one of the greatest turnarounds in U.S. history. In 1975, New York was close to filing bankruptcy, and more recently in 1991, Philadelphia was also in financial crisis.

http://news.yahoo.com/michigan-expected-announce-takeover-detroit-finances-100424650.html

By Steve Neavling DETROIT (Reuters) - Michigan Governor Rick Snyder is expected to announce on Thursday an emergency state takeover of Detroit, putting a lawyer with extensive experience managing corporate bankruptcies in charge of the destitute city's finances. The dramatic move will culminate the…

Case of interest:The City of San Bernardino filed for bankruptcy protection under chapter 9 of the United States Bankrup...
03/08/2013
United States Courts

Case of interest:

The City of San Bernardino filed for bankruptcy protection under chapter 9 of the United States Bankruptcy Code on August 1, 2012. The case was filed in the Court's Riverside Division and was assigned case number 6:12-bk-28006. The Ninth Circuit Court of Appeals has designated Judge Meredith A. Jury to preside over the case.

Chapter 9 of the the United States Bankruptcy Code provides a financially distressed municipality protection from its creditors while it develops and negotiates a plan for adjusting its debts. In a chapter 9 case, the bankruptcy court is generally limited to: determining if the debtor is eligible for filing a chapter 9 case; confirming a plan of debt adjustment; and ensuring implementation of the plan. Learn more about chapter 9 by visiting http://www.uscourts.gov.

Fourteen federal trial courts are taking part in the federal Judiciary's digital video pilot, which will evaluate the effect of cameras in courtrooms. Learn more

10/22/2012

We have just created this page to introduce our office and our employees to our clients. From time to time, we will post news, write blogs, discuss topics of interest, and answer general questions related to our areas of practice. Due to attorney client priviledge and work product rules, we cannot and will not divulge confidential and private information of our clients, but we are always happy to answer your general questions.

I hope you will find this place interesting and informative.

Thank you,
Michael Y. Lo, Esq.

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Address

506 N Garfield Ave Ste 280
Alhambra, CA
91801

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